Pregnancy Disability FMLA
turbo
78 Posts
Situation:
Company has no policies on the books and has no previous history with disability or pregnancy issues I am told. It has been around for 31 years. I have been here 5 months.
Employee who is pregnant has complications that lead to bed rest. She has used sick leave and vacation and has been told by supervisors that her job is safe - don't worry about it - if her condition improves she can come back before she has the baby, but certainly she can return after the baby's birth.
She has been out since mid-August. She hasn't been with the company for 1 year (she makes her one year on Oct. 7th) we have told her that her FMLA starts on Oct. 7th and that she was on temporary disability (unpaid leave until Oct. 7th)
For the one month until she qualified for FMLA she had to pay her 'employee' paid benefits since she was not on FMLA yet - the company pays for employee medical insurance, but not dental - she owns for one month of dental during her unpaid leave because of pregnancy complications.
I am now being asked by a company owner why she is even going to be on FMLA starting Oct. 7th since she technically on made it 10 months full with us--and never made 12 months. So we shouldn't be paying her medical insurance premiums at all. No benefits. If we consider her an employee and she is on our books and she worked up until she was put on bed rest with a medical note - isn't she employed until she quits either before or after her baby's birth?
Should we just consider her on unpaid leave until she returns after her baby's birth? If so, does that mean no FMLA even though it was explained to her she had it? What is unpaid leave? How long should this be extended?
Her supervisors have treated her all along as an employee out on with a temporary disability - and discussed extending FMLA to her once she made the 12 months. I am being told the company doesn't think she technically made her 12 months since she has been out sick with her pregnancy. So no FMLA no benefits - but she can have her job back after the baby and pick up where she left off.
HELP! Do I now call her and sorry no FMLA? Is she eligible for FMLA?
Next, a service repair tech was just involved with serious motorcycle accident last weekend. He has called in says he needs to work -can't do his regular job - because he is temporarily incapacited and can't go in the field and drive and repair. He can come in an respond to telephone service calls. He hasn't made his one year with the company either and won't until Feb. 2004...he won't be able to come in for at least a week or more and he is out of sick leave and vacation time - so he is also on unpaid leave until he returns to work. We have no obligation to him - clearly - he has been promised nothing -execpt we will try to work with him regarding another temporary position. We offer employees no disability insurance coverge to buy. So he is SOL? Unless we are able to use him in another capacity?
Company has no policies on the books and has no previous history with disability or pregnancy issues I am told. It has been around for 31 years. I have been here 5 months.
Employee who is pregnant has complications that lead to bed rest. She has used sick leave and vacation and has been told by supervisors that her job is safe - don't worry about it - if her condition improves she can come back before she has the baby, but certainly she can return after the baby's birth.
She has been out since mid-August. She hasn't been with the company for 1 year (she makes her one year on Oct. 7th) we have told her that her FMLA starts on Oct. 7th and that she was on temporary disability (unpaid leave until Oct. 7th)
For the one month until she qualified for FMLA she had to pay her 'employee' paid benefits since she was not on FMLA yet - the company pays for employee medical insurance, but not dental - she owns for one month of dental during her unpaid leave because of pregnancy complications.
I am now being asked by a company owner why she is even going to be on FMLA starting Oct. 7th since she technically on made it 10 months full with us--and never made 12 months. So we shouldn't be paying her medical insurance premiums at all. No benefits. If we consider her an employee and she is on our books and she worked up until she was put on bed rest with a medical note - isn't she employed until she quits either before or after her baby's birth?
Should we just consider her on unpaid leave until she returns after her baby's birth? If so, does that mean no FMLA even though it was explained to her she had it? What is unpaid leave? How long should this be extended?
Her supervisors have treated her all along as an employee out on with a temporary disability - and discussed extending FMLA to her once she made the 12 months. I am being told the company doesn't think she technically made her 12 months since she has been out sick with her pregnancy. So no FMLA no benefits - but she can have her job back after the baby and pick up where she left off.
HELP! Do I now call her and sorry no FMLA? Is she eligible for FMLA?
Next, a service repair tech was just involved with serious motorcycle accident last weekend. He has called in says he needs to work -can't do his regular job - because he is temporarily incapacited and can't go in the field and drive and repair. He can come in an respond to telephone service calls. He hasn't made his one year with the company either and won't until Feb. 2004...he won't be able to come in for at least a week or more and he is out of sick leave and vacation time - so he is also on unpaid leave until he returns to work. We have no obligation to him - clearly - he has been promised nothing -execpt we will try to work with him regarding another temporary position. We offer employees no disability insurance coverge to buy. So he is SOL? Unless we are able to use him in another capacity?
Comments
Re your questions - You desperately need a policy. How long should some one be an employee before they get an unpaid leave of absence(especially if they are not entitled to FMLA). FMLA sets the minimum - what is company policy on how long a FMLA leave can be. I could go on and on. Whatever is decided must be administered in a uniform way. Therefore, since you seem to have no policy re unpaid leave, you may be treating the pregnant employee under different rules than the tech. You appear to have given her a limitless leave (think what happens if she has complications at the delivery) and yet you are concerned that the tech will be out for about two weeks. Doesn't seems logical. Furthermore, if you intend to do anything affecting someone who is already out on an authorized leave, you should check with an attorney.
Finally, Texas doesn't have statutory std?
Yes I understand they must both be treated the same. However, does the pregnancy employee qualify for FMLA if she has been out on unpaid leave for 5 weeks prior because of a medical condition? Wasn't and isn't she protected un the PDA?
I drafted an employee handbook when I arrived and provided to the aforementioned owner to review, edit and approve. It has not been returned to date.
So, all things being said - I thought we should consult a lawyer as well - however - our comptroller and current benefits administrator thinks we just now deny FMLA to the employee and allow her to return when birth is over - as if she never left. She will be eligible for benefits again. I don't feel good about that.
I think we are boxed in as well - by the law having extended her job to her upon her return.
You mentioned PDL. I am not familiar with Texas employment laws, but California does have PDL. If Texas is like us, then an employee qualifies for up to 16 weeks maternity leave immediately upon hire. Usually, PDL runs concurrently with FMLA. But, your employee does not qualify yet for FMLA, so if you have PDL then she would be on unpaid leave for PDL. This does offer job protection, but not necessarily benefit protection. If at some point during her PDL leave she qualifies for FMLA by having the 1250 hours worked in a year, then you would need to start running the FMLA calendar along with the remaining PDL.
Elizabeth
As for the EE who was in a motorcycle accident, if you have a temporary job for him to do while he heals, great but don't try "making" one for him. Once you do that you will have other EEs wanting the same thing. As for the length of time to allow him off, you need to sit down with the "higher ups" to determine what is reasonable.
One last thing, you may want to look at adding some type of STD benefit, even if it's completely employee paid. Situations like those you list (especially the accident) are unplanned and most people live paycheck to paycheck and something like this can really put them "under the gun".